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Bombay high court: Mumbai restaurant with eating house permit can’t serve herbal hookah on the menu.

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MUMBAI: Bombay high court held herbal hookah cannot be on the menu in a restaurant operating on an eating house license from the Brihan mumbai Municipal Corporation (BMC).
It cannot be countenanced that grant of a license to conduct an eating house is deemed to include a license to conduct Hookah activities and the civic chief is certainly required to consider issues that could be a nuisance or dangerous said A bench of Justices Girish Kulkarni and R N Laddha on April 24 denying permission to ‘The Orange Mint’ a lounge in Chembur to serve herbal hookah (HH).
The HC held that the Mumbai municipal Commissioner Iqbal Chahal has appropriately exercised his discretion under the Mumbai Municipality Act, to prevent HH being served at the lounge. The BMC is noted expected to keep a “continuous vigil’’ on hookah activity of the petitioner said the HC adding, “Once it is clear that hookah activities are not part of the Eating House license conditions, such activity cannot be permitted”.
Justice Kulkarni authoring the order, gave an illustration saying, “In a restaurant or eating house, where children, women and elderly visit for refreshments/eating, it cannot be expected that hookah is one of the menus being served and more particularly of the category as offered by the petitioner using flame or burnt charcoal.’’ The HC said, “This would amount to an absolute nuisance’’ at the restaurant and were it to become a reality, “the impact it would create on such customers at the eating house can just be imagined”.
Under Section 394 of the Municipal Corporation Act, restaurants are issued an eating house license to operate. Section 394, said the HC prohibits certain trades, processes and operated without a license and empowers BMC To seize, destroy to prevent danger or nuisance.
But the section cannot be interpreted to mean such license would permit the restaurant to serve ‘herbal hookah’ said the HC whose order was made available on May 1.

“The Municipal Commissioner in granting license is certainly required to apply his mind to such issues which are dangerous to life, health or property of the citizens, as also, on issues which are likely to create a nuisance…’’the HC said.

Entrepreneur, S B Parkhi, the petitioner through her counsel counsel Mayur Khandeparkar submitted that the license issued by the BMC would include serving of ‘herbal’ hookah. The challenge was to April 18, 2023 order assed by the Medical Officer Health, M/West
Ward, directing to stop serving such herbal hookah within seven days, else they
eating house license shall be revoked, without any further notice.
Brihan Mumbai Municipal Corporation (BMC) lawyer Kunal Waghmare took the stand that an eating house license would not permit any such hookah activity.
Authoring the order, Justice Kulkarni said the section cannot be interpreted “narrowly”.
“On a holistic reading of Section 394 of the MMC Act, the contention of the petitioner that the eating house license granted to her permits “hookah activities” or conducting any “hookah parlour” under the terms and conditions of the eating home license, is totally untenable,’’ held the HC adding, “ The canvass of Section 394 of the MMC Act, is quite broad to take within its ambit articles, trade, operations, which are dangerous to life, health or which are likely to create nuisance, as quite extensively described in the provision”.
The HC reasoned that the legislatures’ intention can be derived from the clear wordings that include in its ambit any article, trade, process or operation which in the opinion of the civic chief are dangerous to life, health or property or are likely to create nuisance “either from its nature” or by reason “of the manner” in which or the conditions under which the same are or are proposed to be used and carried on.

Maharashtra

Maharashtra Minister Chandrashekhar Bawankule Blames SEC For HC Order Deferring Maharashtra Civic Poll Counting To Dec 21

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Mumbai: Maharashtra Minister and senior BJP leader Chandrashekhar Bawankule on Tuesday said “misinterpretation of laws” by the State Election Commission (SEC) has led to the Bombay High Court deferring the counting of votes for the local bodies polls to December 21.

The SEC’s actions alone had “prompted such a decision”, the state revenue minister claimed, adding that he had repeatedly cautioned the poll body against delaying elections.

Bawankule was speaking to reporters here hours after the Nagpur bench of Bombay High Court directed that the counting of all civic bodies polls in the state will be held on December 21.

The SEC had earlier scheduled the counting for Tuesday’s elections on December 3.

The HC’s order has come on a day when polling was underway for elections to 264 municipal councils and nagar panchayats in Maharashtra, days after the SEC rescheduled the elections in 24 local bodies on December 20.

“I have been saying that the SEC is misinterpreting laws and postponing elections without any basis,” Bawankule said.

He pointed out that there were no demands for the postponement of elections from any part of the state, and despite this, the SEC had delayed the polls, resulting in the high court’s intervention.

The minister further stated that it was “for the first time in the history of the SEC” that elections or counting had been stayed in such a manner.

“Such decisions are unacceptable. Leaders across parties are outraged,” Bawankule said, claiming that the SEC had failed to hold any all-party meetings and is creating problems for voters.

Raising questions about the deferred counting date, he said, “Which political party wants counting on December 21? We want the result tomorrow. Is there any political party in Maharashtra that wants results on the 21st?” The BJP leader said that he had personally raised concerns with the SEC on several occasions.

“I discussed these issues seven to eight times and even wrote to them, but nothing was acknowledged. We showed the SEC how it was misinterpreting laws, yet everything was taken in the wrong way,” he said.

Asked whether the high court’s order would be challenged, Bawankule said it was for the SEC to decide.

“It is the SEC’s prerogative to appeal in the Supreme Court. For once and for all, the Commission should find a solution. Larger local bodies are yet to face elections,” he said.

He also criticised the SEC’s handling of the poll schedule.

“It is not good that political parties put in effort, run campaigns, and then suddenly the Commission postpones polling. It does not present a good picture,” the minister said.

He slammed the Opposition parties for blaming the government for the postponement, saying their allegations were misplaced.

“The SEC is an autonomous body. The government has no role. This chaos is unfathomable, and the Commission must resolve it,” he said.

Expressing disappointment over the last-minute postponement of polling in some pockets, Bawankule said, “How can you let parties campaign for weeks and then, 24 hours before polling, announce postponement? In 35 years of public life, I have never seen such mismanagement.” “I spoke to several collectors and SEC officials, but nobody was ready to hear us. It appears the people in the SEC feel they are above accountability,” he said.

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Maharashtra

Dharavi Rehabilitation Project: Raj Thackeray has also organized a public meeting on December 7 against the shortcomings of the project with Dharavi.

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Mumbai: MNS chief Raj Thackeray has also started opposing the Dharavi development project. Earlier, Uddhav Thackeray had opened a front against Adani, but now Raj Thackeray has also joined the ranks. Now both the brothers have united against the Adani project. The political atmosphere has heated up over the Dharavi rehabilitation project, Asia’s largest slum. Shiv Sena chief Uddhav Thackeray has opposed the Dharavi project. Now MNS president Raj Thackeray has also joined it. A public meeting has been organized at Kamaraj Ground on December 7. In this meeting, Raj Thackeray can take some important steps with Dharavi. Everyone’s attention is on this rally. Dharavi Bachao Samiti has organized an all-party meeting at Kamaraj School Ground on December 7. The main objective of this meeting is to raise voice against the shortcomings of the Adani Group’s survey. The committee has alleged that in the name of redevelopment, old residents were included in the survey. And the eligible residents are being ignored, due to which the eligible residents are at risk of losing their homes. The local people have organized this meeting to bring all party leaders on one platform. It is expected that the Thackeray family will be seen together in this meeting. Earlier, Aditya Phakre has also opposed this project. The Dharavi Bachao Committee has also invited Raj Thackeray in the meeting. If the two brothers unite and rise against this project, then it is a challenge for the Adani Group and the government. To change the face of Dharavi, this project has been started on a 600-acre plot of land in the middle of Mumbai. The government claims to provide better houses and facilities to the residents of this place. The contract for this complete redevelopment project has been given to a company of the Adani Group. The current plan is to provide free houses of 405 square feet to the slum dwellers.

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Maharashtra

Maharashtra Politics: Amid Reports Of Rift In Ruling MahaYuti, Dy CM Eknath Shinde’s ‘Coalition Dharma’ Message To Allies Ahead Of Civic Polls

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Maharashtra: Amid rising political noise ahead of the civic body elections, Maharashtra Deputy Chief Minister Eknath Shinde on Monday firmly ruled out any differences between the BJP and the Shiv Sena. Speaking to the media, Shinde maintained that the alliance was united and committed to contesting the upcoming polls together.

His remarks came at a time when some Sena leaders have crossed over to the BJP, sparking speculation about stress within the ruling coalition. Shinde clarified that he had raised the issue directly with Chief Minister Devendra Fadnavis and received assurances that the situation would be corrected.

Shinde said the two partners must avoid actions that create mistrust or weaken the alliance. According to him, both sides agreed that leaders should not attempt to pull members from the other party.

“The Chief Minister agreed that this must stop. We have to contest the elections as an alliance, and there will be Lok Sabha elections after this. We must not do anything that causes misunderstandings. Each of us must follow the alliance dharma,” he said, adding that neither party would encourage corporators to switch sides.

He noted that Fadnavis had promised to speak to BJP leaders to prevent further defection attempts.

Even as top leaders attempt to restore calm, friction remains at the ground level. Elections in 246 municipal councils and 42 town panchayats were earlier scheduled for December 2. However, the State Election Commission has postponed polls in more than 20 councils due to procedural lapses and pending court matters.

In Sindhudurg, a stronghold for both the BJP and the Shinde faction, tensions escalated when the police registered a case against Nilesh Rane of the Shiv Sena. He allegedly entered the home of a BJP supporter, claiming he had discovered bags of cash meant for distribution to voters. The complaint triggered a fresh political flashpoint.

His brother, state minister Nitesh Rane of the BJP, rejected the allegations and defended local workers by saying they earn legitimate business income. He also criticised Sena workers who are supporting a rival faction candidate, stating it undermines Shinde’s previous justification for rebelling against the Uddhav Thackeray led government.

Reacting to the conflict, Fadnavis remarked that he supports people who conduct themselves properly. He admitted that the situation involving the Rane brothers was unfortunate and said the matter would be reviewed after the elections.

The political strain is not entirely new. Last month, ministers from the Shinde led Shiv Sena skipped a state cabinet meeting hours after the BJP inducted two leaders who had previously contested against Sena MLAs. The incident had raised eyebrows over the balance of power within the alliance.

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